$75,000 Non-Pecuniary Assessment for Scapholunate Ligament Tear with Persistent Limitations

Reasons for judgement were released this week by the BC Supreme Court, Vancouver Registry, assessing damages for a wrist injury causing long term limitations.
In this week’s case (Jackson v. Jeffries) the Plaintiff was involved in a 2008 head on collision.  The Defendant admitted fault for the crash.  The Plaintiff, who had learning difficulties, trained to be a plumber and was working as an apprentice plumber by the time of the collision.  The crash caused a Scapholunate ligament injury to his wrist which required surgery.  He was left with persistent pain and stiffness in his wrist and, as a result of these limitations, was no longer medically suited for his physical career.  In assessing non-pecuniary damages at $75,000 the Court provided the following reasons:

[39] Dr. Perey, an orthopaedic surgeon specializing in hand, wrist and elbow surgery, saw Mr. Jackson on February 4, 2010, on referral from Dr Wong.  Mr. Jackson was complaining of activity related wrist pain, notwithstanding that x-rays and an MRI did not reveal any abnormality.  Dr. Perey suspected a scapholunate ligament tear which was confirmed during wrist arthroscopic surgery performed May 10, 2010.

[40] Following surgery, Mr. Jackson was placed in a splint for 10 days followed by a cast for 8-10 weeks.  Dr. Perey wrote in his medical report of August 31, 2010, that Mr. Jackson was making “remarkable strides” although he had residual pain and stiffness.

[41] It was Dr. Perey’s prognosis that Mr. Jackson’s symptoms would continue to improve, but that he would likely have some persistent pain and stiffness with his wrist which would be aggravated by heavy use.  Dr. Perey recommended “a re-training program to a less physically demanding occupation than a plumber.”  He concluded Mr. Jackson could “resume intermittent physical activities involved in hobbies and sports.”…

[71] As Dr. Feldman described, Mr. Jackson has a partial permanent disability which will result in him not being able to continue as a plumber in the future.  He will be left with ongoing back pain and stiffness and weakness in his wrist.

[72] Mr. Jackson is not fitted to labouring-type work or other work which will place strain on his back and wrist.  The range of potential occupations has been narrowed as a result of the injuries…

[84] As the cases are similar on their facts, I award Mr. Jackson non-pecuniary damages of $75,000.

bc injury law, Jackson v. Jeffries, Mr. Justice Greyell, Scapholunate Ligament Injury

Comments (55)

  • I just want to say I am newbie to blogs and certainly enjoyed this web page. Very likely I’m planning to bookmark your site . You absolutely have excellent posts. Regards for sharing with us your blog.

  • I was just looking for this info for a while. After 6 hours of continuous Googleing, finally I got it in your web site. I wonder what’s the lack of Google strategy that don’t rank this kind of informative websites in top of the list. Usually the top sites are full of garbage.

  • Hello There. I found your blog using msn. This is a very well written article. I will be sure to bookmark it and return to read more of your useful information. Thanks for the post. I’ll definitely comeback.

  • I’m not sure why but this website is loading extremely slow for me. Is anyone else having this problem or is it a issue on my end? I’ll check back later and see if the problem still exists.

  • Pretty nice post. I just stumbled upon your weblog and wished to say that I’ve truly enjoyed surfing around your blog posts. After all I will be subscribing to your rss feed and I hope you write again very soon!

  • I got what you mean , appreciate it for posting .Woh I am thankful to find this website through google. “Those who corrupt the public mind are just as evil as those who steal from the public.” by Theodor Wiesengrund Adorno.

  • I was suggested this blog by my cousin. I am not sure whether this post is written by him as no one else know such detailed about my difficulty. You’re incredible! Thanks!

  • certainly like your web site however you have to take a look at the spelling on several of your posts. Many of them are rife with spelling issues and I to find it very bothersome to tell the reality on the other hand I will definitely come again again.

  • Woah! I’m really enjoying the template/theme of this site. It’s simple, yet effective. A lot of times it’s challenging to get that “perfect balance” between superb usability and visual appearance. I must say you have done a fantastic job with this. Additionally, the blog loads super quick for me on Internet explorer. Superb Blog!

  • The other day, while I was at work, my cousin stole my iphone and tested to see if it can survive a twenty five foot drop, just so she can be a youtube sensation. My iPad is now destroyed and she has 83 views. I know this is totally off topic but I had to share it with someone!

  • Valuable information. Lucky me I found your site accidentally, and I am stunned why this coincidence did not happened in advance! I bookmarked it.

  • My programmer is trying to persuade me to move to .net from PHP. I have always disliked the idea because of the expenses. But he’s tryiong none the less. I’ve been using Movable-type on a variety of websites for about a year and am nervous about switching to another platform. I have heard fantastic things about blogengine.net. Is there a way I can transfer all my wordpress content into it? Any help would be greatly appreciated!

  • Usually I don’t learn post on blogs, however I wish to say that this write-up very compelled me to check out and do so! Your writing style has been surprised me. Thank you, quite great post.

  • Have you ever thought about adding a little bit more than just your articles? I mean, what you say is important and everything. But think of if you added some great pictures or videos to give your posts more, “pop”! Your content is excellent but with images and video clips, this blog could definitely be one of the very best in its niche. Wonderful blog!

  • Somebody necessarily help to make severely articles I’d state. This is the very first time I frequented your website page and so far? I amazed with the analysis you made to make this actual post extraordinary. Excellent process!

  • I would like to thnkx for the efforts you have put in writing this blog. I’m hoping the same high-grade blog post from you in the upcoming as well. In fact your creative writing skills has inspired me to get my own website now. Actually the blogging is spreading its wings rapidly. Your write up is a good example of it.

  • In the grand pattern of things you actually secure an A+ for hard work. Exactly where you actually lost me ended up being on all the specifics. You know, as the maxim goes, the devil is in the details… And that couldn’t be more correct in this article. Having said that, let me inform you what exactly did deliver the results. Your article (parts of it) can be incredibly engaging which is most likely why I am taking the effort in order to comment. I do not make it a regular habit of doing that. Second, although I can certainly see a leaps in reasoning you come up with, I am not necessarily convinced of exactly how you appear to connect your details which in turn produce the final result. For now I will yield to your point but hope in the near future you link the dots better.

  • I think this is one of the most significant info for me. And i am glad reading your article. But want to remark on some general things, The web site style is great, the articles is really nice : D. Good job, cheers

  • I think this is one of the most vital info for me. And i’m glad reading your article. But want to remark on some general things, The web site style is perfect, the articles is really great : D. Good job, cheers

  • You could definitely see your enthusiasm within the work you write. The arena hopes for more passionate writers such as you who are not afraid to mention how they believe. Always go after your heart. “The point of quotations is that one can use another’s words to be insulting.” by Amanda Cross.

  • It is the best time to make some plans for the long run and it is time to be happy. I have read this publish and if I may I wish to recommend you few attention-grabbing issues or advice. Perhaps you can write subsequent articles regarding this article. I desire to read even more issues approximately it!

  • Thanks for expressing your ideas. I’d personally also like to convey that video games have been ever before evolving. Today’s technology and innovations have made it easier to create practical and enjoyable games. Most of these entertainment games were not actually sensible when the actual concept was first of all being tried. Just like other kinds of technological innovation, video games also have had to advance through many years. This itself is testimony for the fast development of video games.

  • Good article and right to the point. I am not sure if this is in fact the best place to ask but do you people have any ideea where to get some professional writers? Thx 🙂

  • Woah! I’m really loving the template/theme of this site. It’s simple, yet effective. A lot of times it’s difficult to get that “perfect balance” between usability and visual appeal. I must say that you’ve done a amazing job with this. In addition, the blog loads extremely fast for me on Safari. Outstanding Blog!

  • Thank you for sharing excellent informations. Your website is so cool. I am impressed by the details that you¡¦ve on this blog. It reveals how nicely you understand this subject. Bookmarked this web page, will come back for more articles. You, my pal, ROCK! I found simply the info I already searched all over the place and just couldn’t come across. What a great web site.

  • Thanks for another informative website. Where else may just I get that type of information written in such an ideal method? I have a project that I am simply now operating on, and I’ve been at the glance out for such information.

  • Hey, you used to write wonderful, but the last few posts have been kinda boring… I miss your great writings. Past several posts are just a little bit out of track! come on!

  • I will immediately grab your rss as I can’t find your email subscription link or e-newsletter service. Do you have any? Please let me know so that I could subscribe. Thanks.

  • you are truly a excellent webmaster. The site loading pace is amazing. It kind of feels that you’re doing any unique trick. In addition, The contents are masterpiece. you’ve performed a magnificent activity on this subject!

  • Hello there, I found your blog via Google while looking for a related topic, your site came up, it looks good. I have bookmarked it in my google bookmarks.

  • As I web-site possessor I believe the content matter here is rattling magnificent , appreciate it for your efforts. You should keep it up forever! Best of luck.

Comments are closed.

Contact

If you would like further information or require assistance, please get in touch.

ERIK
MAGRAKEN

Personal Injury Lawyer

When not writing the BC Injury Law Blog, Erik is the managing partner at MacIsaac & Company, based in Victoria, B.C. He is also involved with combative sports regulatory issues and authors the Combat Sports Law Blog.

“Work hard, be kind and enjoy the ride!”
Erik’s Philosophy

    Disclaimer